Terms for Chronic Condition Rescue Affiliate
- Obligations of the Parties:
- Affiliate shall have the opportunity to promote the Summits managed by Chronic Condition Rescue, LLC (“CCR”), the All Access Pass, and the Summit Encore Days in accordance with the terms of this Agreement.
- Affiliate shall promote and market our programs using only promotional materials supplied or approved by CCR. Promotional material (emails, landers, ads, social media posts) must be consistent with CCR’s branding and shall not be false or misleading.
- Affiliate shall direct potential purchasers of CCR programs to the dedicated link provided by CCR.
- The Affiliate agrees to conduct itself with integrity, honesty, and in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM and other relevant FTC guidelines and regulations. Under no circumstances will the Affiliate engage in fraud or fraudulent activities to attract participants. CCR reserves the right to cancel your Affiliate Account if we determine that your site, newsletter, or other materials, whether online or in print, used to promote CCR’s digital content are fraudulent or constitute one or more Prohibited Activities, including but not limited to the following (Note: we believe you already know what this clause means, but our lawyer thinks we need to specify, so here you go):
- Promotion of sexually explicit materials;
- Promotion of violence;
- Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promotion of fraudulent schemes or illegal services that harm the CCR brand or have no tangible business value;
- Promotion of fraudulent or illegal activity or abusive language that we deem inappropriate or undesirable for our audience;
- Incorporation of any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
- Inclusion of “Chronic Condition Research,” “Chronic Condition Rescue,” “SIBO SOS,” or variations or misspellings thereof in Affiliate’s domain name;
- Intentional inclusion of designs or statements that would cause reasonable confusion with respect to Affiliate and CCR (e.g., a typical, thinking person would believe that the Affiliate and CCR are the same entity rather than affiliated entities);
- Distribution of software downloads that fraudulently enable diversions of commission due to other affiliates in CCR’s Affiliate Program; or
- Promotion, inclusion, or distribution of otherwise fraudulent, unlawful, harmful, threatening, defamatory, obscene, harassing, or discriminatory content or materials.
- Any other conduct that smacks of fraud, abuse, infringement, or is just plain wrong.
- CCR grants the Affiliate a non-exclusive, non-transferable, non-assignable, revocable right and license to:
- access our site through your unique Affiliate-coded link solely in accordance with the terms of this Agreement;
- use our logos, trade names, trademarks, service marks, and similar identifying material (collectively, the “Licensed Materials”) in connection with this unique Affiliate link; and
- use the Licensed Materials to promote CCR, so long as you are an Affiliate in good standing.
- Compensation:
CCR will pay commissions from the sale of CCR’s All Access Pass programs and courses by check or electronically via PayPal under the following conditions:
- Affiliates must complete and return to us the proper tax forms before CCR can pay commissions. The IRS says so, not us.
- CCR does not (and cannot) guarantee payment to Affiliates for contacts or participants that access only the free content on the CCR site but do not purchase the All Access Pass, or other Summits, courses or programs.
- Each Affiliate will receive a percent of net revenues* derived from sales generated thru your affiliate link.
- Unless otherwise explicitly stated, live physical events, membership programs, and external promotions are excluded from affiliate commissions. Other products may or may not be eligible for affiliate commissions, depending on profit margin, overhead, and other factors at CCR’s discretion.
- * “Net revenues” means Gross Revenues less: (a) credits and refunds issued; (b) sales, use, value-added, and other similar taxes, and assessments separately stated on invoices and collected for remittance to governmental and regulatory authorities; (c) any applicable credit card processing fees; and (d) any costs of shipping and handling.
- Each affiliate is required to use the link provided to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct assigned link. Commissions will be paid quarterly (March, June, September, December). After formal launches affiliate commissions will be paid at the end of the month following the date the transaction takes place. In this context, “completion” includes the expiration of the 30-day money-back guarantee period, which begins at the initial time of purchase, and also includes the completion of any payment plans (where applicable). All payment processing shall be performed by CCR.
- ALL WARRANTIES DISCLAIMED. CCR GIVES NO WARRANTY, EXPRESS OR IMPLIED, FOR ANY AND ALL SERVICES AND PRODUCTS PROVIDED. OUR LAWYER ADVISED, AND WE AGREE, THAT THIS DISCLAIMER OF ALL WARRANTIES INCLUDES ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING, SPECIFICALLY, ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY CCR OR ITS PROVIDERS. (Note: these are legal terms that we did not understand at first either. But our lawyer explained these “warranty disclaimers” to us, and now we get it, so we’re specifically and intentionally including them.)
- Affiliate Warranties. Affiliate warrants and guarantees that it owns or otherwise has the legal right and authority to use and publish all the copyrighted material Affiliate uses to promote the CCR and its Affiliate Program, whether online or in print.
- Fraud
(Yes, we’re seriously bringing up fraud again and giving it its own clause because it is a really big deal.) If Affiliate fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation, Affiliate agrees it shall forfeit its entire commission for all programs and this Agreement will be terminated. If CCR suspects Affiliate is engaging in fraud, Affiliate agrees that Affiliate has the burden to prove it is not committing fraud. CCR will hold your payment until you provide satisfactory evidence that you are not defrauding the system. CCR may flag Affiliate Accounts if they
- have click-through rates that are much higher than industry averages and where solid justification for the “click explosion” is not evident;
- are generating clicks with no indication by site traffic that it can sustain the clicks reported;
- have shown fraudulent leads as determined by our clients; use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs.
- These are our current practices:
- If you joined us as an affiliate prior to September 1, 2017, your cookie is set to never expire. If you are joining us after September 1, 2017, your cookie for a given launch, product, course or other program is valid for one year from the date of your last mailing for that product or event.
- We hard wire our affiliate tracking software, tied to user email address, so that data won’t be lost.
- We pay out commissions to whoever is the first referral of record for the buyer, for all affiliate commission-payable products as recorded by the affiliate tracking software. As a result, you may see some ongoing income from your referrals not just on a specific launch you promote, but on other commission-payable launches in the future. Payments will be made when commissions due equal $50 or greater. Commissions exclude personal purchases.
- CCR reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
- Confidentiality:
- None of the parties to this Agreement shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party to this Agreement shall divulge such information only to those of its employees, financial advisors and legal representatives that must have access to the information in order to satisfy its obligations under the Agreement. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.
- The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of CCR.
- Termination:
- Upon thirty (30) days prior written notice, either party may terminate this Agreement.
- CCR may terminate this agreement immediately, for cause, which shall include but not be limited to:
- Conduct by Affiliate which detracts from the good reputation of CCR, CCR’s Sponsors or speakers or faculty, or any CCR Product;
- Complaints from consumers about Affiliate;
- Misuse of the names or images of speakers or faculty who appear in CCR programs in a manner not consistent with the goals, branding and intent of CCR and its programs;
- Any deviation by Affiliate from the highest standards of professional and commercial conduct; or
- Affiliate’s breach of the terms of this Agreement.
- Liability and Indemnification.
The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of:
- any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement,
- any breach of any representation, warranty or covenant hereunder, or
- the sale, marketing, advertisement or promotion of CCR’s programs.
- IMPORTANT STUFF IN ALL CAPS: EXCEPT FOR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY UNDER THIS AGREEMENT BE GREATER THAN THE TOTAL AMOUNT PAID BY COMPANY TO AFFILIATE UNDER THIS AGREEMENT.
- Reservation of Rights. CCR reserves the right to change any terms and conditions of this Agreement at any time. Change notices will be sent to Affiliate by email at the email address listed in Section 14 (Contact). Affiliate is responsible for complying with changes to the Agreement within ten (10) calendar days from the date of change. Failure of the Affiliate to terminate the Agreement within those ten (10) calendar days will constitute acceptance of the changes to this Agreement.
- Choice of Law. All disputes and claims relating to this Agreement, the rights and obligations of the parties arising under or related to this Agreement, or any claims or causes of action relating to the performance of either party will shall be governed by the laws of the State of Florida and settled by binding arbitration by the American Arbitration Association in St. Petersburg, Florida in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
- Entire Agreement. This Agreement is the entire agreement between the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties.
- If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. The validity, interpretation, construction and performance of this Agreement shall be governed by the Laws of the State of Florida.
